TN 2 (01-03)

GN 01727.210 Developing Evidence in Claims for Portuguese Benefits

A. Introduction

The following subsections show the types of evidence that may be used to support claims for Portuguese benefits.

B. Policy General

Under the agreement with Portugal, SSA will take applications for both regular and Totalization benefits on behalf of Portugal and provide limited assistance in obtaining evidence needed to support the claim.

C. Policy using evidence submitted in claim for U.S. benefits

Evidence that is used to establish a factor of entitlement for U.S. Social Security benefits may also be used by Portugal to establish the same factor for Portuguese benefits. Consequently, it is unnecessary for the applicant to submit additional evidence to document a factor of entitlement for Portuguese benefits when that factor has already been verified for SSA purposes.

D. Policy entitlement factors

The following indicates what factors of entitlement, in addition to insured status, must be established in claims for Portuguese benefits.

1. Retirement Claims

The entitlement factors that must be established for Portuguese retirement claims are:

  1. a. 

    Workers date of birth

  2. b. 

    Date of marriage, if a spouses supplement is claimed

  3. c. 

    Type of covered work in the United States (if a benefit is claimed under one of the occupational systems see GN 01727.010).

2. Survivors Claims

The entitlement factors that must be established for Portuguese survivors claims are:

  1. a. 

    Date of death of worker

  2. b. 

    Date of birth of applicant

  3. c. 

    Date of marriage (if spouse applying)

  4. d. 

    Date of divorce, if applicable

  5. e. 

    Type of covered work in the United States (if a benefit is claimed under one of the occupational systems see GN 01727.010).

3. Disability Claims

The entitlement factors that must be established for Portuguese disability claims are:

  1. a. 

    Workers date of birth

  2. b. 

    Degree of disability and cause of impairment (medical evidence)

  3. c. 

    Type of covered work in the United States (if a benefit is claimed under one of the occupational systems see GN 01727.010).

E. Procedure general

Take the following actions when developing evidence to support claims for Portuguese benefits.

1. Accepting Evidence

Accept any evidence the applicant wishes to submit. If the applicant does not want to release an original document, photocopy the evidence and certify the copy.

Applicants filing for benefits from one of the special occupational systems in Portugal will need to establish the type of work the number holder (NH) performed in the United States. If the applicant asks for guidance, suggest that he or she get a statement from the NHs employer or union, if the employer is out of business, showing the type of occupation and the dates of employment in that occupation.

Caution: Do not hold claims for Portuguese benefits for prolonged periods pending receipt of evidence. If an applicant is unable to obtain needed evidence within a reasonable time, transmit the claim to the Office of International Operations (OIO) without the evidence. Advise the applicant that the responsible Portuguese agency will contact him or her directly to obtain any evidence it needs.

2. Types of Evidence

If the applicant requests guidance on the type of evidence to submit, see:

  1. a. 

    Proof of age in GN 00302.000

  2. b. 

    Proof of death in GN 00304.000

  3. c. 

    Proof of marriage and divorce in GN 00305.000

  4. d. 

    Proof of type of covered work in the U.S., (see GN 01727.210E.1.).

3. Document the File

Document the file to show when a factor of entitlement for a Portuguese benefit has already been verified for a U.S. claim.

a. Concurrent Title II/Portuguese Claim

Send a certified photocopy of the relevant evidence with the Portuguese claim to OIO if the concurrent TitleII claim will be sent to a program service center (PSC) other than OIO.

b. Prior Title II Claim

Include a master beneficiary record (MBR) printout in the claims file sent to OIO to show which factors, other than disability, have been verified in a prior file.

4. Obtain Record of the NH's U.S. Coverage

Obtain a record of the NH's U.S. coverage in all claims for Portuguese benefits. When the applicant is filing for both U.S. and Portuguese benefits, completion of the modernized claims system (MCS) screens will automatically generate a separate earnings record for the Portuguese claim. When a claimant files for Portuguese benefits only, which is a complex MCS exclusion, request an Informational/Certified Earnings Record (ICERS) per MSOM ICERS 001.004.

NOTE: Evidence of lag wages is not needed for Portuguese claims.

F. Procedure disability claims

In addition to taking the actions in GN 01727.210E., take the following actions when developing medical evidence for Portuguese disability claims.

1. Portuguese Benefits Only

  1. a. 

    Accept any medical evidence the applicant wishes to submit when the claim is for Portuguese benefits only. Do not attempt to secure evidence for the applicant or offer advice as to what types of evidence are needed by Portugal.

  2. b. 

    Send any medical evidence that is submitted along with the claims file to OIO the address in GN 01702.310.

  3. c. 

    Transmit the file without medical evidence if it is not readily available and advise the applicant that the Portuguese agency will contact him or her directly, if necessary, to obtain needed evidence.

2. Portuguese Benefits and Concurrent Title II Claim

Follow the instructions in GN 01702.400 - GN 01702.415 to process claims for Portuguese disability benefits and concurrent titleII disability claims.

G. Procedure claim for constant attendance supplement

In addition to taking the actions in GN 01727.210F., if the applicant alleges he or she is severely disabled and requires the constant care of a third party, enter in the “Remarks” section of Form SSA-2490, the severity of the impairment and why it requires third-party assistance. This will allow the Portuguese agency to solicit an application for a constant attendance supplement at the same time it requests the other application.

H. References


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201727210
GN 01727.210 - Developing Evidence in Claims for Portuguese Benefits - 01/15/2003
Batch run: 04/10/2014
Rev:01/15/2003